Radical overhaul for mental health law

Plans for the most radical overhaul of Scotland's mental health laws for more than 40 years have been unveiled by the Scottish executive.

In a major policy statement - the Scottish parliament's equivalent of a white paper - Scottish health minister Susan Deacon promised clearer, fairer and safer laws for patients, carers and professionals under a new bill to be introduced early next year.

The proposals follow the publication in January of a fundamental review of Scotland's mental health legislation by the Millan committee, chaired by former Scottish secretary Bruce Millan.

Ms Deacon said the executive had accepted the vast majority of the committee's 400 recommendations to produce a "serious and balanced" response to the changing needs of patients and carers.

Key measures include: · New procedures for compulsory treatment allowing some patients, such as manic depressives, to be treated in the community rather than in hospital· An independent mental health tribunal to take key decisions on compulsory treatment, currently carried out by sheriff courts. Chaired by an experienced lawyer, with support from medical and community care experts, it will encourage patient participation· Stronger rights for patients and carers, including new duties on local authorities and NHS boards to develop advocacy services.

The statement also confirms that while mental health tribunals will be responsible for discharging restricted patients, ministers will still be responsible for their risk management.

Ms Deacon said that following the Ruddle case in 1999, when convicted killer Noel Ruddle was freed under a legal loophole, the legislation would ensure there were no gaps, and offenders who remained dangerous would not be discharged into the community.

"The public should be reassured that this wide-ranging package recognises the legitimate concerns of the community to be protected from the small minority of offenders with mental disorders who pose a risk. Scottish ministers will still oversee those patients placed under restrictions by the courts," she said.

The Scottish Association for Mental Health welcomed the new tribunal system but claimed some of the Millan proposals had been watered down, such as the right to advocacy.

"Many will share our concern at the proposal for new community orders, which will create new powers to force people in the community to take medication against their will as well as restrict their liberty. Our worry is that fear of these orders could deter people from seeking the help they need, as well as how they will be enforced in practice," said chief executive Shona Barcus.

Mary Weir, chief executive of the National Schizophrenia Fellowship Scotland, said the proposals for long-term compulsory interventions must include comprehensive safeguards to ensure they were not abused.

"However, the new legislation will, for the first time, give family members and carers the right to request an assessment of a person's wellbeing or state of health," she added.